Opinion
March 8, 1950.
Appeal from Court of Claims.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The claim is one to recover damages for an assault committed upon plaintiff by State troopers. Claimant was arrested by the troopers on September 20, 1947, on a warrant charging assault in the third degree. He was arraigned before a justice of the peace on that charge and plead not guilty. In default of $500 bail he was committed to the county jail. The troopers instead of taking claimant to jail as directed by the justice took him to their barracks at Brewster, N.Y. The court below found that while claimant was being detained at the barracks in Brewster he was brutally assaulted by the troopers. The proof shows that he was kicked, beaten and as a result his jaw was fractured and he sustained other injuries. This record leaves no doubt that claimant was brutally assaulted by those troopers. As a result of the beating administered to him claimant was persuaded by the troopers to change his plea to one of guilty. To escape further punishment claimant agreed to this and was rearraigned before the same justice and entered such a plea. The evidence amply sustains the judgment of the court below. Judgment unanimously affirmed, with costs.